What is FSVP? A Guide to the FDA Regulation for Food Suppliers

17/11/2025 By Luana Oliveira 5 Minutos

Contents

The FSVP (Foreign Supplier Verification Programs) is an FDA regulation that holds United States importers responsible for ensuring their foreign food suppliers meet the same rigorous food safety standards required of domestic producers.

This rule is a fundamental part of the Food Safety Modernization Act, known as FSMA.

In practice, FSVP shifts the burden of verification from the border directly to the importer. Understanding this is vital for anyone exporting food to the US, as it directly impacts your relationship with your American buyer.

Whose Responsibility is FSVP?

The legal responsibility for FSVP lies with the importer in the United States, not the foreign exporter.

This is the most common point of confusion. The FDA (the regulatory agency) requires the US-based company or person purchasing your product to perform the foreign supplier verification.

Think of it this way: the US government tells your customer (the importer) that they are responsible for verifying that the product they are bringing into the country is safe.

Why is this crucial for the exporter?

Because if you, the exporter, are not prepared to pass this verification, the American importer simply cannot buy from you.

If they import your product and your company fails the FSVP verification, your products can be detained at customs, and your business relationship will be severely damaged. Therefore, while the legal obligation belongs to the importer, the practical preparation is 100% yours.

Who does the FDA consider the "FSVP Importer"?

The FDA has a clear definition: The "FSVP Importer" is the person (or company) in the United States who, at the time of the food's entry, owns, has purchased, or has agreed to purchase the food.

If there is no US "owner" at that moment, the FSVP importer is the US consignee.

What Will the Importer Require From You?

To comply with FSVP, your American importer is required by law to evaluate your company and your products. They will do this through a series of verification activities.

Their goal is to prove to the FDA that their supplier (you) has adequate preventive controls in place to minimize food safety risks.

Key FSVP Verification Activities

The law provides flexibility, but the most common verification activities your importer will require from you include:

Hazard Analysis: The importer must review your hazard analysis (based on HACCP/HARPC). They will want to see if you correctly identify biological, chemical, and physical risks associated with your product.
Risk Assessment: They will evaluate the risk your company and product pose. A fresh cheese, for example, carries a much higher risk than a dry cookie. Your history of compliance with FDA food regulations also factors into this assessment.
Record Review: This is the most common activity. The importer will request your food safety plans, sanitation records, certificates of analysis, traceability data, and test results.
On-site Audits: For higher-risk products, the importer may send a qualified auditor (their own or a third-party) to inspect your manufacturing facility.
Testing and Sampling: The importer may collect samples of your product (either before shipment or upon arrival) for laboratory testing to verify they meet specifications.
Corrective Actions: If the importer identifies a failure, they must ensure you take appropriate corrective actions and document everything.

For all this to work, the first step is to have a clear understanding of the FDA and its rules.

What if I don't have an importer? The Role of the FSVP Agent

You will need an FSVP Agent in two common situations:

If you ship products on consignment (without a defined buyer); or
If your US importers are small, numerous, or simply unwilling to take on the complex legal responsibility of FSVP.

In these cases, the FDA requires you, the exporter, to designate an FSVP Agent. It is crucial to understand that this agent is not the same as the biennial "FDA registration agent."

The FSVP Agent is a company physically located in the US that formally consents to assume all FSVP verification obligations on your behalf. This is a significant legal responsibility for the safety of your product.

This is exactly where we come in. Many distributors and smaller buyers lack the structure or knowledge to comply with FSVP and will require the supplier to solve this. B2B TradeCenter has a registered company and qualified team in the United States, ready to act as the official FSVP Agent for your company, allowing you to sell to the US without barriers.

If you need a reliable FSVP Agent in the US to represent your company and ensure the compliance of your food and beverage exports, talk to our specialists.

Checklist: How to Prepare Your Company for FSVP

Although the legal responsibility is the importer's, the practical preparation is 100% on the exporter.

To be an "FSVP-ready" supplier and the ideal partner for an American importer, your company needs to have its documentation and processes in order.

Have a robust Food Safety Plan: You need a written plan (like HACCP or the FSMA-required HARPC). This plan must identify hazards and establish clear preventive controls for each.
Keep impeccable records: The FDA's golden rule is: "If it wasn't documented, it didn't happen." Maintain detailed records of all controls, monitoring, corrective actions, and verification tests.
Be ready for audits: Prepare your team and facility to receive audits at any time, whether from your importer or a third party they hire.
Ensure Regulatory Compliance: Your FDA Registration Number must be active and have been renewed in the last biennial period.

FSVP is a Market Filter

FSVP is not just more bureaucracy; it is a market filter that raises the food safety standard for everyone selling to the US.

For the foreign exporter, "being FSVP compliant" means, in practice, having food safety processes that are just as good as those of American producers.

Companies that adapt and demonstrate this compliance position themselves as serious, long-term suppliers. This preparation is a vital part of exporting food to the US and is directly linked to the FDA registration process.

Treat FSVP as a seal of quality that opens the doors to the world's most demanding market. If you are ready to find partners who value this seriousness, start your global B2B journey here.